Maimane’s ignorance in the province of international law-Sunday Chanda

South African Opposition leader Mmusi Maimane of the Democratic Alliance (DA) claimed that his denial of entry into Zambia by the Zambian immigration was a violation of international law. Clearly, Maimane exposed some very worrying ignorance in the province of international law. We wish to provide him with a brief lecture on what international law holds over the events Maimane found himself in.

The true norm of international law was (and remains) that: ‘a state may legitimately exclude aliens only if, individually or collectively, they pose a serious danger to its public safety, security, general welfare or essential institutions.’

Maimane posed a serious danger on the judicial institution of our country as he had issued alarming and contemptuous statements to the effect that he would ‘gang-up’ with the opposition in Zambia to pressure the judiciary into releasing persons undergoing the due process of the law, in this regard Hakainde Hichilema. International law does not provide protection for such storm-brewing aliens. Any sovereign state will within its sovereignty legitimately shut its doors on such aliens.

In an American case of Nishimura Ekiu v United States, it was asserted that: ‘It is an accepted maxim of international law, that every sovereign nation has the power, as inherent in sovereignty, and essential to self-preservation, to forbid the entrance of foreigners within its dominions, or to admit them only in such cases and upon such conditions as it may seek to prescribe.’

Further, in Chae Chan Ping v United States, it was stated that if a sovereign ‘could not exclude aliens it would be to that extent subject to the control of another power’.

It would therefore be politically and legally illegitimate for states or international law to ‘respect’ the ‘rights’ of those who are not supposed to be present within the dominion of a given State.

We therefore call on Maimane to cease misleading himself and the international community. His remarks of pressuring the Courts to release Hichilema bordered contempt of Court. Let him respect Zambia’s judiciary.

43 COMMENTS

Trouble with all these PF crooks starting with this toy boy called Chanda, all the way to Kaiser is that they are big time liers and tongue twisters at the same time. Actually to me, PF are no different from a batch of mafiasos clinking on to power throw all sorts of crooked means- divide and rule. tribalism and terror-just remember the havoc they caused b4 the elections! From their supreme Lungu, they get their way through deceit and false propaganda.
MM never said he will pressurise the courts to release HH but the govt. But because PF know have no defence over their reckless action, they are hinging their hopes of saving face by propagating lies to the contrary. Is this indeed a Christian nation? A nation ruled by tongue twisters, hypocrites, who only use the name of God to tricky…

Cont’
to tricky people into voting for them and their after throw away their bibles? Just remember all the propaganda about Lungu being a God fearing man b4 elections, after that, have you ever heard or seen anything which can convince you that indeed Lungu is a man of God? Just look at the people he sorrounds himeself with-Kaiser, Mumbi, Bwalya, Chanda, etc, can these batch of hatter sadist qualify to be called God fearing individuals? The bible says you shall know them by their fruits (Mat. 7:16)-there is nothing in PF ranks which suggest that we have God fearing leaders, they seem a batch of satanistis who rejoice on torturing opponents, ie in the case of HH.

Iwee kabalwe @ HH OVAL HEAD, which three arms of govt are you talking about when your chagwa is always holding long meetings with the judges/magistrates before they go on to pass judgement in the courts of law? You think people are that blind and silly not to see what is going on? You hypocrite together with your pay masters, PF, your time of reckoning will definitely visit one day!

Lungu is an embarrassment and this is embarrassing. Just read what his shamelful agent like this uncultured and unprincipled chap is saying. Lungu must limit his actions to Zambias and not extend it to international or regional player. Everyone knows HH is innocent and his only crime is to get the court to tell the truth about the 2016 election. #free HH and let the truth comeback out

A contested presidential election was marked by increased political violence. The authorities used the Public Order Act to repress the rights to freedom of expression, assembly and association; the police used excessive force to disperse meetings of opposition parties. The authorities cracked down on independent media outlets and harassed journalists. In April, there was a wave of xenophobic violence against foreign nationals.

Background

Edgar Chagwa Lungu was returned as President in an election on 11 August which saw increased tension and violence, primarily between members of the ruling Patriotic Front and the opposition United Party for National Development (UPND). The election was held under a new Constitution promulgated on 5 January following a controversial process.

This maimane twit and his racially charged DA took president Zuma to Court for firing Pravin Gordan, the country’s finance minister. The Court scoffed at maimane and the DA calling them childish and explained that as head of the executive, president Zuma was within his constitutional rights to hire and fire any minister. I really wonder how these opposition characters, even the upnd, expect to run a country if they don’t respect and understand laid down laws and constitutionalism??? Can they tolerate dissent if they had power-I CERTAINLY DON’T THINK SO!! They would be devious dictators as even in opposition, they think they know everything. Case in point: upnd-why have they not had a convention in 11 years??? They have jihadist/tribal/racist/fanatical supporters who treat their leaders…

So many pipo pass comment on how others are or will be without looking in a mirror or seeing how they are behaving.
After 53 years we are still behaving like children ,,,will we ever have a mature approach to divergent views

Is Sunday Chanda now the government spokesman? This is not a PF issue . This Government needs to have a clear channel of communicating on international issues instead allowing every pf cadre to say whatever the want?

This statement is the confirmation that Zambian courts are easily influenced. How can an external person come and tell the zambian courts what To do . What are they feAring or ashamed of the
presence of Maimane to sit and watch the court proceedings.

I really respect Mr. Maimane. Thank You for standing up and speaking out about the state of our leadership challenges especially in the SADC region. I feel so inspired and hopeful that together we will build a peaceful and progressive SADC region which will be inclusive and objective. Ignore the instant insults by government ‘chat-bots’ who believe that to be a successful government employee, you always be a ‘yes man’ to the president. The future is ours the free-thinkers.

Chanda so you can’t see anything wrong with your government,so you think what you are doing is good and you think the world is happy with your lungu? Day s are numbered,it’s good that we know you ,your time is coming

Sunday Chanda misses the point. If Zambia didn’t want Mmusi Maimane to attend the Court Session then the correct procedure would have been to allow the Dept of Immigration to deport him at the point of entry at KKI Airport. It Is illegal and unprocedural to send heavily armed Policemen to storm the Plane and harass Maimane on the Plane which had other Passengers as if Maimane is a Terrorist. Lungu’s govt is now going to be Sanctioned for breaching the Geneva convention and IATA Regulations. Instead of using PF Cadres to handle the issue Civil Servants ,Professional Advice should have been sought from Ministries of Foreign Affairs, Transoort and Dept of Immigration. This mishandling of the situation will further tarnish the image and reputation of Zambia.

Sunday’s argument is consistent. When visiting foreign countries, it is necessary to display utmost respect of countries to be visited. Each country has got norms and standards, derived from or based on International Law. The word ‘respect’ was missing from the conduct of visitors that wanted to visit the country. They came with obvious political motives. Yes, South African law students would have been welcome under similar circumstances. But politicians can only visit foreign countries after strict scrutiny. There was an obvious element of arrogance and the spoiler attitude was quite evident. The visit did not manifest reverence for the rule of law.

But MM did not disembark or step on the Zambia soil. He was in the South African plane.
What if he was intending to return with the same plane – just having fun of flying and going back.

Point is – he didn’t step on Zambian soil. The plane did, but not him.
And the plane that did step on the Zambian soil belongs to South African Airways (SAA) – so, yourself and fellow PF cadres should have had beef with SAA.
MM did not step on Zambian soil!!

That is why in the USA, they don’t go into the foreign planes; but they will wait and deny you entry at the immigration check point when you try to present your passport – because at that time you actually already in the USA airport building and thus, on USA soil.
And I assume, this is the norm world-wide – deny/deport at…

It is like w#nkers like Sunday Chanda are the experts in International Law. Let us wait and see when these same [email protected] are denied entry into South Africa to seek medical attention because their sh^thole has no drugs.

They should have been more smarter this by giving Maimane rope enough to hang himself. They should simply have allowed him entry but issue him with conditions of entry.

If he was to breach those conditions, of which he was going to because that was his intent, only then would deportation orders been appropriate to remove him from the country. And stamp in his passport never to enter Zambia again.

As it stands, its not wise to interefere internal state matters especially if the charge is TREASON..Maimane looks sharp and educated but what elludes me is the way he handles his issues and manages his thoughts, they are more of an uneducated persons thoughts…In what world do you think what HH did is not a crime? If that is what you think then you are a fool and you are not ready to lead South Africa, you are just a political foetus hence you still have to be born…H E Hon Lungu Chagwa is right in letting the courts decide, that is being a President…Remember HH can still be found not guilty but the reason for his detention is because his acts are similar to that which is decsribed in Zambian Laws as treason therefore all HH has to do is explain himself and he will be free..The same…

Sata made a big mistake for appointing Lungu to act as a President when he traveled abroad for medical attention. We are suffering like this in Zambia because of Sata. It is a grave mistake indeed to have Lungu as a President. The guy is not a presidential material, he can even bring war to our beloved country. How can we have a President coming from Chawama compound no wander?

A president can come from anywhere in our country. ECL came from Chawama and was chosen by MCS. He barely campaigned for 6 weeks and was accepted by majority Zambians and he beat established serial loser hh to the presidency. Your elitist preconceptions don’t seem to go well with your countrymen as your concept of ideal presidential material doesn’t and has failed to come to fruition while the people you look down as incapable of choosing the ideal candidate always have contrary views to yours and badly outnumber you. Your idea of the perfect presidential candidate will always frustrate you if you don’t accept the views of the common purpose that characterise the humble collective that is our beautiful country, ZAMBIA!!!!

People say ECL is a lawyer. UNZA must revoke the degree which by all means seem to have been issued by mistake. Look at simple ans straight forward examples, flimsy treason charges, unfounded deportations. BTW Zambians in SA are more likely to be negatively affected by this latest nonsense. Under PF, Zambia is going backwards while other clever countries like Namibia are making very positive strides. Judge the guy by his actions, squandered Euro bond, more borrowing, no economic diversification, incompetent ministers full of scandals, perpetual load shedding to name a few

Why is every Jim and Jack issuing statements these days in the PF run government?
What is going on pa ZED kansi? Is there still some shred of protocol or decorum in PF?
Shouldn’t the statements not be coming from Immigration or ministry of foreign affairs?

Where is the leadership to instill protocol and order??
Looks likes PF are becoming a bunch of leaderless fools!
What a mess the Zambian fools voted for – corrupt schemers with no sense of decorum.

1) Did MM disembark and step on the Zambian soil? Did his legs/feet have contact with the Zambian soil?
2) Who stepped on the Zambian soil between the SAA plane and MM?
3) Isn’t denying entry into a country not done at the immigration check point when presenting your passport?
4) Why didn’t they wait for him to come out and be on the Zambian soil where they have total jurisdiction?? When we say PF is a mess??
5) If MM did not disembark or stepped on the Zambian soil, from a legal standpoint and considering a lot of lawyers around, how can PF convincingly be sure that he was going to disembark and step on the Zambian soil?? What if he had changed his mind and had decided to go back to SA on the same plane and so, just sat in his…

Dear Bloggers.. Just a few questions………continued..
5) …continued..What if he had changed his mind and had decided to go back to SA on the same plane and so, just sat in his plane seat? United airlines used to have a stop-over in Dakar, and we would sit in the plane without the need for a Senegalese VISA. The United plane itself however touched the Senegalese soil and so, would need permission – point is, his legs/feet did not step on Zambian soil just like any flight stop-over.
6) Without having actually seen him near or in the courts, how can PF be sure that he was actually going to be in court? These PF guys acted prejudicially and may end up crucifying themselves if MM gets good international lawyers. While the plane did (similar to any stop-over) step on Zambian soil, MM did not…

Dear Bloggers.. Just a few questions………continued..
6) …..Continued… While the plane did (similar to any stop-over) step on Zambian soil, MM did not step on the Zambian soil? They simply should not have gone inside a foreign plane. They would have had more reasons and justification had this MM actually stepped his legs/feet on the Zambian soil.
7) In the USA, they usually wait and deny/deport you at the immigration check point when presenting your passport and are already in USA airport building/soil where they have total jurisdiction, not in a foreign plane. However, they have the right to refuse a foreign plane to land and touch the USA soil, but not going inside. Unless, it is terrorists or an emergency, then military guys or police would go inside a foreign plane. I assume this…

Have we forgotten what hh did to warrant his arrest? Let the courts of law determine his fate.he was flying high after blocking the president but after being arrested people are crying foul over this…. Hat do you want? If hh was president and Lungu did the same do you he would have let scot free?

It would great to let the courts rule, but they are currently under siege by ECL. In short the separation of power (Legislature, Judiciary and Executive) has been compromised. No one says and thinks HH is a saint but the current president is a total failure. I’ll give some quick points to ponder , squandered Euro bond, perpetual load shedding, mono economy (Copper driven), independent media suppression, police brutality, excessive borrowing (by chikwanda and mutati), double taxation on the roads, failing education and health standards, excessive road traffic accidents. I’m not saying he can solve all these issues at once but we are yet to see even one practical solution other than warnings and bans.

I usually don’t like Sunday Chanda’s comments. However, this particular one makes a lot of sense backed with legal knowledge.
Secondly may be its just me, I seem to have enjoyed some relative peace in the past close to two months now. I haven’t read about cadres clashing, cadres this and cadres there. Does somebody else feel the same way too? What is the explanation?